ISLAMABAD: The Islamabad High Court (IHC) has reserved a decision on a tax reference challenging the Federal Board of Revenue’s recovery claims and adjourned the hearing.
A division bench of the IHC comprising Justice Shaukat Aziz Siddiqui and Justice Mohsin Akhtar Kyani; and a single bench comprising of Justice Aamer Farooq heard the cases.
The single bench comprising Justice Aamer Farooq reserved the decision on the tax reference filed by M/S Lafarge Pakistan. The company had filed the case against the Regional Tax Office-field office of FBR.
M/s Lafarge Pakistan had filed cases against ATIR, Federal Board of Revenue (FBR), officers of RTO including Commissioner Inland Revenue, Deputy Commissioner Inland Revenue and Commissioner Inland Revenue (Appeals).
M/s Lafarge Pakistan Islamabad had filed the case seeking restrictions for Regional Tax Office, Islamabad from recovering Rs 43,817,620 outstanding tax amount or making any other coercive move prior to court’s directions on the issue.
M/s Lafarge Pakistan Islamabad also stated that show cause notice mentioning outstanding tax amount was issued with mala fide intentions. The appellant further prayed the court bar RTO from taking coercive measure to recover the said amount.
M/s Lafarge Pakistan submitted before the court that the impugned order was issued under mala-fide intentions and had no legal standing or authority and the court may decide on relief which it deemed appropriate in this regard. It also stated that due legal course was not followed by the department in issuing the order.
The appellant had also mentioned that departmental obligations were not met amid processing the notice of recovery demand while later the adjudication did not addressed grievances of the appellant.
The appellant had also prayed the court to decide the case early as the appellant had to bear financial complications after the case.
